In honor of Older Americans Month in May, Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows recognized the large numbers of older workers remaining in the workforce and their strong value to employers, including:

• “Strong work ethic and professionalism”
• “Strong ‘soft skills,’ including leadership, problem-solving, and communication”
• “Context and perspective, based on their experience, which bolsters collaboration and creativity”
• Increased “’wisdom, resilience, compassion, and tolerance of stress’”
• Longer commitment to employers
• “Stability and continuity”

She also cited the discrimination issues that older workers may face and committed to vigorous EEOC enforcement of the Age Discrimination in Employment Act (ADEA).  The ADEA protects anyone 40 and over from discrimination in hiring, firing, promotion, compensation, and employment conditions and privileges.

In one example of recent EEOC enforcement, it sued an employer that constantly asked an over-60 employee to retire, and when she would not, eliminated her job, reinstating it a month later with a 30-year-old worker.  In another case, the EEOC settled a suit against a manufacturer for $460,000, an injunction, and monitoring of future practices.  The employer had been hiring unqualified younger applicants and refusing to hire qualified older workers, and eliminating older workers from their positions.

Ms. Burrows also advised caution in employment application questions so they do not disclose facts that could lead to biased hiring decisions, such as those which indirectly (or directly) disclose age.

Take-Aways:

Employers should avoid all forms of discrimination against protected classes, including age, in hiring, firing, promotion, compensation, benefits, and every aspect of employment. They should have a good job application created or approved by an employment attorney to avoid asking for information that directly or indirectly discloses a person’s age (or gender or other protected categories).

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Workplace Artificial Intelligence, EEOC Goes Old School – Data In, Equal Opportunity Out (May 26, 2023)
• Age Discrimination, Employee’s Suspicion Not Enough — Older Worker Needs More Than Her Belief of Unequal Treatment (March 10, 2023)
• Cautionary Tale Episode 54, Speed Bump – California Sues Tesla for Race Discrimination and Harassment (April 15, 2022)

Helena Kobrin
June 2, 2023